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LONG-DELAYED GUILTY VERDICT IN PRECEDENT-SETTING BORDER SMUGGLING CASE
Almost six years after he was arrested for trying to smuggle 50 kilograms of cocaine into Canada
through the Aldergrove border crossing, Ajitpal Singh Sekhon has been convicted.
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On Thursday afternoon, Surrey Provincial Court Judge Paul Dohm convicted the 34-year-old Sekhon on one count of importing a controlled substance and one count of possession for the purpose of trafficking.
The guilty verdict marked an end to a drawn-out legal battle that began when another Surrey judge threw out the charges against Sekhon in a controversial 2007 ruling that would have required Canadian border guards to get a warrant before they searched any vehicles.
Sekhon was stopped at the Aldergrove crossing on January 25, 2005.
One guard testified that Sekhon was gripping the steering wheel tightly, his jaw was rigid and he failed to make good eye contact while being questioned.
A drug-sniffing dog located a compartment under the truck bed. Border guards drilled several holes in the side, then they had the truck towed to a separate lot and dismantled where they found the cocaine.
Judge Ellen Gordon ruled that the border guards’ inspection of the truck was unconstitutional because they needed reasonable grounds to obtain a warrant rather than acting on a hunch.
At the time, the union that represents border workers warned that traffic through Canadian border crossings would grind to a halt if guards had to get warrants every time they wanted to search a vehicle.
The B.C. Court of Appeal ruled that the guards did not need warrants, threw out the Gordon decision and ordered a new trial.
Sekhon tried and failed to get a hearing from the Supreme Court of Canada before the case returned to Surrey Provincial Court.
A sentencing hearing for Sekhon has been set for Jan 28 in Surrey.
Pubdate: Fri, 29 Oct 2010
Source: Surrey Leader (CN BC)
Copyright: 2010 Surrey Leader
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